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Bombay Nursing Homes Registration Act, 1949, (Maharashtra) Complete Act

Title: the Bombay Nursing Homes Registration Act, 1949

State: Maharashtra

Year: 1949

Preamble - THE ACT FOR AVOIDING WAGERS (AMENDMENT) ACT, 1865 Section 1 - Contracts declared null and void. No suit allowed on such contracts Section 2 - Nor for commission or brokerage, etc., in respect of agreements by way of gaming or wagering Section 3 - Payments for which guardian and personal representative not to be allowed credit Section 4 - Repeal and savings Section 5 - Number and gender

Bombay Nursing Homes Registration Act, 1949, (Maharashtra) Preamble

Title: the Bombay Nursing Homes Registration Act, 1949

State: Maharashtra

Year: 1949

.....of Objects and Reasons.- This Act was designed to extend the Bombay Nursing Homes Registration Act. 1949. to the Vidarbha, Hyderabad and Kutch areas of the State of Bombay where there was no corresponding Act in force. It was further intended to provide that sections 2 to 18 of the principal Act shall automatically extend to the area of Nagpur Corporation as in the case of Corporation areas in the pre-Reorganisation State of Bombay. As regards the rest of the areas to which the principal Act was sought to be extended, this Act provided that the provisions of these sections could be extended by the State Government by a notification in the Official Gazette.- [Mah. 42 of 1959.] _________________ 1. This Act was extended to that part of the State of Bombay to which, immediately before the commencement of Bom. 42 of 1959, it did not extend, (vide Bom. 42 of 1959, Section 27). 2. For Statement of Objects and Reasons, see Bombay Government Gazette, 1949, Part V, p. 84. 3. These words were substituted for the words "Province of Bombay" by Bom. 42 of 1959, Section 3.

Bombay Nursing Homes Registration Act, 1949, (Maharashtra) Section 3

Title: Prohibition to Carry on Nursing Home Without Registration

State: Maharashtra

Year: 1949

No person shall carry on a nursing home unless he has been duly registered in respect of such nursing home and the registration in respect thereof has not been cancelled under section 7 : Provided that, nothing in this section shall apply in the case of a nursing home 1[which is in existence in any area at the date of the coming into force of section 3 in that area] for a period of three months from such date or if an application for registration is made within that period in accordance with the provisions of section 4 until such application is finally disposed of. __________________ 1. These words were substituted for the words "which is in existence at the date of the commencement of this Act", ibid., Section 6.

Bombay Nursing Homes Registration Act, 1949, (Maharashtra) Section 9

Title: Inspection of Nursing Homes

State: Maharashtra

Year: 1949

(1) The Health Officer of the local supervising authority or the Civil Surgeon of the district in which a nursing home is situated or any other officer duly authorised by the local supervising authority or the Civil Surgeon, may, subject to such general or special orders as may be made by the local supervising authority, at all reasonable times enter and inspect any premises which are used, or which that officer has reasonable cause to believe to be used, for the purpose of nursing home, and inspect any records required to be kept in accordance with the provisions of this Act : Provided that, nothing in this Act shall be deemed to authorise any such officer to inspect any medical record relating to any patient in a nursing home. (2) If any person refuses to allow any such officer to enter or inspect any such premises as aforesaid, or to inspect any such records as aforesaid or obstructs any such officer in the execution of his powers under this section, he shall be guilty of an offence under this Act.

Bombay Nursing Homes Registration Act, 1949 Complete Act

State: Maharashtra

Year: 1949

.....Magistrate or a Magistrate of the first class shall take cognizance of or try any offence under this Act. SECTION 15: INDEMNITY TO PERSONS ACTING UNDER THIS ACT No suit, prosecution or other legal proceeding shall be instituted against any person for anything which is in good faith done or intended to be done under this Act, rules or bye-laws. SECTION 16: RULES (1) The Provincial Government may, by notification in the Official Gazette, make rules to carry out all or any of the purposes of this Act. (2) Without prejudice to the generality of the foregoing provisions such rules may prescribe- (a) the form of the application to be made under section 4, (b) the date on which an application for registration or renewal of registration to be made and the fees to be paid for such registration or renewal of registration, (c) the form of the certificate of registration to be issued under section 5, (d) for any other matter for which no provision has been made in this Act, and for which provision is, in the opinion of the Provincial Government, necessary. (3) The power to make rules under this section shall be subject to the condition of previous publication of the Official.....

Bombay Nursing Homes Registration Act, 1949, (Maharashtra) Section 5

Title: Registration

State: Maharashtra

Year: 1949

.....in any way improper or undesirable in the case of such nursing home. 3[(2) A certificate of registration issued under this section shall, subject to the provisions of section 7, be in force and shall be valid until the 31st day of March of the third year next following the date on which such certificate is issued or renewed, as the case may be.] (3) The certificate of registration issued in respect of a nursing home shall be kept affixed in a conspicuous place in the nursing home. _______________ 1. Clause (b) was substituted by Mah. 2 of 2006, Section 3(a)(i). 2. Clauses (c-1), (c-2) and (c-3) were inserted, ibid., Section 3(a)(ii). 3. Sub-section (2) was substituted, ibid., Section 3(b).

Bombay Nursing Homes Registration Act, 1949, (Maharashtra) Section 2

Title: Definitions

State: Maharashtra

Year: 1949

.....to be registered under the Bombay Nurses, Midwives and Health Visitors Act, 1954 or any other corresponding law for the time being in force; (8) "qualified nurse" means a nurse registered or deemed to be registered under the Bombay Nurses, Midwives and Health Visitors Act, 1954 or any other corresponding law for the time being in force;] (9) "register" means to register under section 5 of this Act and the expressions "registered" and "registration" shall be construed accordingly; (10) "rules" means rules made under this Act. ___________________ 1. Clause (la) was inserted by Bom. 42 of 1959, Section 5(1). 2. Clause (2) was substituted by Bom. 2 of 2006, Section 2. 3. Clause (3a) was inserted by Bom. 42 of 1959, Section 5(2). 4. Clauses (7) and (8) were substituted for the original by Bom. 42 of 1959, Section 5(3).

Bombay Nursing Homes Registration Act, 1949, (Maharashtra) Section 16

Title: Rules

State: Maharashtra

Year: 1949

..... 2[Provided that, the State Government may prescribed different rates of fees for registration of nursing homes, having regard to the area in which such nursing home is situated, the number of beds therein, the number of specialisation offered in such nursing home;] (c) the form of the certificate of registration to be issued under section 5, (d) for any other matter for which no provision has been made in this Act, and for which provision is, in the opinion of the 1[State] Government, necessary. (3) The power to make rules under this section shall be subject to the condition of previous publication in the Official Gazette. ____________________ 1. This word was substituted for the word "Provincial" by the Adaptation Laws Order, 1950. 2. Proviso was added by Mah. 2 of 2006, Loc . 49

Bombay Nursing Homes Registration Act, 1949, (Maharashtra) Section 17

Title: by

State: Maharashtra

Year: 1949

.....fifteen rupees for every day during which such contravention continues after conviction for the first such contravention; or (c) with fine which may extend to fifteen rupees for every day during which the contravention continues after the receipt of a notice from the local supervising authority by the person contravening the by-law requiring such person to discontinue such contravention. (3) No by-law made by the local supervising authority shall come into force until it has been confirmed by the 1[State] Government with or without modification, (4) All by-laws made under this section shall be published in the Official Gazette. ________________ 1. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.

Bombay Nursing Homes Registration Act, 1949, (Maharashtra) Section 1

Title: Short Title, Extent and Commencement

State: Maharashtra

Year: 1949

..... G.N., U.D., P.H. & H.D., No. NHM. 1161/39497-G, dated 29th August, 1966 (M.G., Pt. IV-B, p. 1597) In exercise of the powers conferred by sub-section (3) of section 1 of the Bombay Nursing Homes Registration Act, 1949 (Bom. XV of 1949), the Government of Maharashtra hereby directs that the provisions of the said Act (other than section 1 thereof, which has already come into force), shall come into force on the first day of October, 1966, in the following areas, that is to say - ' 1. The City of Nagpur as constituted under the City of Nagpur Corporation Act, 1948. 2. That part of Greater Bombay. 3. That part of the City of Poona and City of Sholapur, constituted under the Bombay Provincial Municipal Corporations Act, 1949 wherein the said provisions have not already come into force. ______________ 1. This sub-section was substituted for the original by Bom. 42 of 1959, Section 4. 2. These words were substituted for the words "State of Bombay" by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960. 3. These words were substituted for the words "Cities of Poona and Ahmedabad", ibid. 4. This word was substituted for the word.....